Legal Question in Civil Litigation in California

in a tort civil action after settlemen which party signs the request for dismissal


Asked on 4/15/11, 9:48 am

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The person filing the complaint, or their attorney, dismisses the complaint.

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Answered on 4/15/11, 9:52 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Shers. Additionally, if the case involves cross-complaints or complaints in intervention, the parties who filed them should dismiss them if those parties have settled their claims. If you are such a party, you should have a lawyer review your status before you take any action.

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Answered on 4/15/11, 11:41 am
Anthony Roach Law Office of Anthony A. Roach

The plaintiff signs the request for dismissal. If a cross-complaint was filed by the defendant, then his signature would need to be on it as well, along with the box marked "consent to dismissal."

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Answered on 4/15/11, 11:46 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you do not have a lawyer, do not sign the request for dismissal until you have your check in hand.

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Answered on 4/15/11, 2:02 pm


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